184 



the body more or less obviouily scfjinciiled, for the 

 most pail belonging to the class jnsecta. compris- 

 ing slx-lecged, usually winged forms, as, for ex- 

 ample, beetles, bugs, bees, flies, and to other allied 

 cla.sscs of arthropods whose members are wingless 

 and usually have more than .six legs, as, for example 

 spiders, mites, ticks, centipedes, and wood lice. 



(n) The term "fungi" means all non-chlorophyll- 

 bearing thallophytes 'that is. all non-chlorophyll- 

 bearlng plants of a lower older than ino.sses and 

 liverworts), as, for example, rusts, smuts, mildews. 

 molds, yeasts, and bacteria, except these on or in 

 living man or other animals. 



(o) The term "ingredient statement" means 

 either — 



(1) a statement of the name and percentage ol 

 each active ingredient, together with the total 

 percentage of the inert ingredients, in the eco- 

 nomic poison: or 



(2) a statement of the name of each active in- 

 gredient, together with the name of each and 

 total percentage of the inert ingredients, if any 

 there be, in the economic poison (except option 

 1 shall apply if the preparation is highly toxic 

 to man. determined as provided in section 135d 

 of this title); 



and. In addition to (1) or (2) in case the economic 

 poison contains arsenic in any fonn, a statement of 

 the percentages of total and water soluble arsenic. 

 each calculated as elemental arsenic. 



(p) The term "active ingredient" means — 



(1) In the case of an economic poison other 

 than a plant regulator, defoliant or desiccant, an 

 Ingredient which will prevent, destroy, repel, or 

 mitigate insects, nematodes, fungi, rodents, weeds, 

 or other pests; 



(2) In the ca.se of a plant regulator, an ingredi- 

 ent which, through physiological action, will ac- 

 celerate or retard the rate of growth or rate 

 of maturation or otherwi.se alter the behavior of 

 ornamental or crop plants or the produce thereof; 



(3) in the case of a defoliant, an ingredient 

 which will cause the leaves or foliage to drop 

 from a plant; 



(4) In the case of a desiccant, an ingredient 

 which will artificially accelerate the drying of 

 plant tissue. 



(q) The term "inert Ingredient" means an ingre- 

 dient which Is not active. 



(r) The term "antidote" means a practical imme- 

 diate treatment in case of poisoning and includes 

 flrst-ald treatment. 



(s) The term "person" means any Individual, 

 partnership, association, corporation, or any orga- 

 nized group of persons whether Incorporated or not. 



(t) The term "Territory" means any Territory or 

 possession of the United States, excluding the Canal 

 Zone. 



(u) The term "Administrator" means the Admin- 

 istrator of the Environmental Protection Agency. 



(v) Tlie term "registrant" means the person leg- 

 Isterlng any economic poison pursuant to the pro- 

 visions of sections 135 to 135k of this title. 



(w) The term "label" means the written, printed. 



or graphic matter on. or attached to. tlic economic 

 poison or device or the immediate container thereof, 

 and the outside container or wrapper of the retail 

 package. If any there be. of the economic poison or 

 device. 



'X) The term "labeling" means all labels and 

 other written, printed, or graphic matter — 



(1) upon the economic poison or device or any 

 of Its containers or wrappers: 



(2) accompanying the economic poison or de- 

 vice at any time; 



(3) to which reference is made on the label or 

 in literature accompanying the economic poison 

 or device, except to current official publications 

 of the Environmental Protection Agency, the 

 United States Department of the Interior, the 

 United States Public Health Service. State experi- 

 ment stations. State agricultural colleges, and 

 other similar Federal or State institutions or agen- 

 cies authorized by law to conduct research in the 

 field of economic poisons. 



(y) The term "adulterated" shall apply to any 

 economic poison if its strength or purity falls below 

 the professed standard or quality as expressed on its 

 labeling or under which it is sold, or if any sub- 

 stance has been substituted wholly or in part for 

 the article, or if any valuable constituent of the 

 article has been wholly or in part abstracted. 



(z) The term "misbranded" shall apply — 



(1) to any economic poison or device If its 

 labeling bears any statement, design, or graphic 

 representation relative thereto or to its ingre- 

 dients which is false or misleading In any par- 

 ticular; 



(2) to any economic poison — 



(a) If it Is an imitation of or is offered for 

 sale under the name of another economic 

 poison; 



(b) if its labeling bears any reference to reg- 

 istration under sections 135 to 135k of this title 

 other than the registration number assigned to 

 the economic poi.son ; 



(c) if the labeling accompanying it does not 

 contain directions for use which arc necessary 

 and if complied with adequate for the protec- 

 tion of the public: 



(d) If the label does not contain a warning 

 or caution statement which may be necessary 

 and If complied with adequate to prevent Injury 

 to living man and other vertebrate animals, 

 vegetation, and useful Invertebrate animals; 



(e) If the label does not l)ear an Ingredient 

 statement on that part of the immediate con- 

 tainer and on the outside container or wrapper, 

 if there be one. through which the Ingredient 

 statement on the Immediate container cannot 

 be clearly read, of the retail package which is 

 presented or displayed under customary con- 

 ditions of purchase: Provided, That the Admin- 

 istrator may permit the Ingredient statement to 

 appear prominently on some other part of the 

 container. If the sl/c or form of the container 

 makes It Impracticable to place It on the part 

 of the retail package which Is presented or dis- 

 played under customai-y conditions of purchase; 



